Jeffk: Good point.
So is the question whether the law must be proven to be necessary or fulfill it's intended purpose to make it enforceable?
If the state has a height requirement, on it's face, it cannot be enforced unless there is a proven improvement to water quality? Or does the proponent just need to prove there is no negative impact?
What will DES Wetlands do with the next submitted application that only expands vertically?
This raises a lot of questions and may result in people expanding their homes upward when they have previously been denied a permit.
This decision sets a precedent that will impact many future legal outcomes.
|